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保险委付是指保险事故的发生致使保险标的处于推定全损状态时,被保险人明确表示将保险标的的全部权利转移给保险人,而请求保险人赔偿全部保险金的行为。海上保险委付应海上风险的特殊性及海上保险的特殊需要,为谋求实际便利而生,是海上保险关系制度化的产物。海上保险委付制度根植于保险学基础与民法学基础中,究其保险学基础,在于保险损失补偿原则;究其民法学基础,在于意思自治及其限制。纵观世界保险业发展史,海上保险委付自问世以来即以其保障被保险人利益、发挥物的效用、促进海上保险业发展三大卓越品格与价值,对各国海上保险业和保险立法发挥着不容忽视的影响力。
Insurance commission refers to the occurrence of insurance accident led to the subject of insurance is assumed to be fully damaged state, the insured clearly stated the subject of the subject matter of insurance subject to the insurer, and ask the insurer to pay the full amount of insurance. The special nature of maritime insurance payable at sea and the special needs of marine insurance are the products of the institutionalization of maritime insurance. The marine insurance commission system is rooted in the foundation of insurance law and the civil law foundation. The foundation of insurance insurance lies in the principle of compensation for insurance losses. The foundation of civil law jurisprudence lies in the autonomy autonomy and its limitations. Throughout the history of the development of the world’s insurance industry, since its inception, the Marine Insurance Commission has given full play to the interests of the insured and the utility of its products to promote the development of the marine insurance industry with three great qualities and values. It has also played an important role in the legislation of maritime insurance and insurance in various countries Influence can not be ignored.